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2016 Supreme(MP) 831

ANAND PATHAK
Rajendra Upadhyay – Appellant
Versus
Prem Motors Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioners: N.K. Gupta with Mridul Gahoi.
For the Respondent: Anand Bhardwaj.

ORDER :

Anand Pathak, J.

1. This order shall also govern disposal of M. Cr. C. No. 10130/2016 and 10131/2016 as facts and circumstances of both the case are similar. However, for the sake of arguments, facts of M. Cr. C. No. 10130/2016 are being taken for consideration.

Present petition under section 482 of Criminal Procedure Code has been filed by the petitioner/accused challenging the order dated 8.7.2016 passed by 11th Additional Sessions Judge, Gwalior in Criminal Revision No. 6400162/2016; whereby, the order dated 6.5.2016 passed by JMFC, Gwalior in Criminal Case No. 464/2015 has been confirmed. Petitioner has also challenged the criminal proceedings initiated by the respondent against him under section 138 of Negotiable Instruments Act.

2. Learned counsel for the petitioner submits that as per the Collaboration Agreement dated 20.6.2014, present petitioner had to make available certain pieces of land to the respondent and had to share the profit in 50-50 % ratio. In pursuance to the agreement, the petitioner has made available certain pieces of land to the respondent for which the respondent has paid the amount to land-owners directly, through account payee cheques. Later on due




















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